Reading a civil investigative demand without losing the first month
Read a civil investigative demand twice before anyone responds to it: once for what it asks, and once for what it leaves out. The gaps usually tell you more about where the agency is looking than the specifications do, and the first response should be shaped around that reading.
Start with the definitions page
Most of the burden in a demand sits in the definitions. A broad definition of the company, of a relevant product or of a document can double the collection effort without changing a single specification. Reading the definitions first shows where a short conversation with staff will do the most good.
It is also where drafting habits reveal the theory. A definition that singles out one sales channel, or one set of customers, is rarely an accident.
The first thirty days
The return date printed on the demand is a starting point for discussion. Staff generally expect a call within the first two weeks, and they expect the recipient to arrive with a proposal rather than a complaint. A concrete plan for rolling production earns more time than an abstract objection.
- 01
Issue the hold
Preserve documents across every custodian and system that could plausibly hold responsive material, and confirm the hold in writing.
- 02
Map the sources
List where the responsive material lives, who controls each source and how long each will take to collect.
- 03
Propose a sequence
Offer staff a rolling schedule that puts the most useful material first.
- 04
Record every agreement
Confirm each modification in a short letter the same day, so nobody relies on memory months later.
A demand is a question asked in the most formal way the agency has. The first response should show the company understood the question.
Serrano Litigation, partners' note
What not to do
Do not start drafting a position paper in week one. Advocacy before the record is collected tends to commit the company to facts it has not yet checked. The better use of the month is preservation, mapping and a credible production plan.
| Section of the demand | What to look for |
|---|---|
| Definitions | Scope of the company, the product and the time period |
| Interrogatories | Questions that call for new analysis rather than existing documents |
| Document specifications | Categories that overlap, so one collection can answer several |
| Instructions | Privilege log format and certification requirements |
Common questions
Is a civil investigative demand an accusation?
No. It is an information request. Many investigations close without any action, and the tone of the early response affects how quickly that can happen.
Can we talk to employees about it?
Yes, carefully. Tell custodians what to preserve and who to call with questions, and keep the discussion of substance with counsel.
Who should sign the certification?
An officer who has actually supervised the response and can stand behind it. Counsel will walk that person through what the signature represents.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every matter turns on its own facts.
